论文部分内容阅读
由于行政机关和行政首长的角色特点,行政机关及行政首长在行使职权的过程中不履行或不当履行义务,可能承担行政责任也可能承担宪法责任;先行存在的宪法义务是行政机关及行政首长承担宪法责任的前提;违宪行为、过错、因果关系、损害事实是行政机关及行政首长宪法责任构成的要件;宪法责任具有政治性,但宪法责任不等同于政治责任;规范性文件被撤销、职务的被罢免或被撤销是行政机关及行政首长宪法责任的主要形式。
Due to the characteristics of the administrative organs and the executive heads, the executive authorities and the executive heads may assume the administrative responsibility and may also assume the constitutional responsibility in the performance of their duties. Therefore, the preconceived constitutional obligation is that the executive authorities and the executive head assume the constitution The premise of the responsibility; unconstitutional acts, fault, causality, damage facts is the constitutional responsibility of the executive authorities and executive heads constitution; constitutional responsibility is political, but the constitutional responsibility is not equal to the political responsibility; normative documents are revoked, Removal or revocation of administrative organs and chief executive is the constitutional responsibility of the main form.